PRINTER'S NO. 413
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
418
Session of
2017
INTRODUCED BY RAFFERTY AND COSTA, FEBRUARY 27, 2017
REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,
FEBRUARY 27, 2017
AN ACT
Amending the act of September 27, 1961 (P.L.1700, No.699),
entitled "An act relating to the regulation of the practice
of pharmacy, including the sales, use and distribution of
drugs and devices at retail; and amending, revising,
consolidating and repealing certain laws relating thereto,"
further providing for definitions; and providing for pharmacy
technician and pharmacy technician trainee registration,
qualifications and supervision.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2 of the act of September 27, 1961
(P.L.1700, No.699), known as the Pharmacy Act, is amended by
adding clauses to read:
Section 2. Definitions.--As used in this act:
* * *
(20) "Pharmacy technician" means an individual who:
(i) is registered with the board as a pharmacy technician;
and
(ii) may assist in the practice of pharmacy under the direct
and immediate personal supervision of a licensed pharmacist
after meeting the requirements of this act and the regulations
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promulgated under this act.
(21) "Pharmacy technician trainee" means an individual who
has been issued a temporary permit by the board that authorizes
the individual to perform the duties of a pharmacy technician
under the direct and immediate personal supervision of a
licensed pharmacist.
(22) "Direct and immediate personal supervision" means:
(i) review by the pharmacist of the prescription or drug
order prior to dispensing;
(ii) verification by the pharmacist of the final product;
and
(iii) immediate availability of the pharmacist on the
premises to direct the work of the supervised individual and to
respond to questions or problems.
Section 2. The act is amended by adding a section to read:
Section 3.3. Pharmacy Technician and Pharmacy Technician
Trainee Registration, Qualifications and Supervision.--(a) A
pharmacy technician shall register with the board biennially on
a form prescribed by the board and pay a registration fee
established by the board by regulation. An individual must
possess an unrestricted registration from the board to practice
as a pharmacy technician. The following shall apply:
(1) A pharmacy technician shall be responsible to and under
the direct and immediate personal supervision of a board-
licensed pharmacist.
(2) A registration for a pharmacy technician may not be
issued if the applicant is unfit or unable to practice under
section 3(a)(2) or has been convicted of an offense described
under section 3(a)(6) in this Commonwealth or another state.
(3) An applicant for pharmacy technician registration shall
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meet the following requirements:
(i) Be at least seventeen years of age and possess a high
school diploma or equivalent.
(ii) Complete a board-approved pharmacy technician training
program.
(iii) Submit to a criminal history record check as required
by the board.
(4) An individual currently practicing as a pharmacy
technician on or before the effective date of this section shall
not be required to comply with clause (3)(i) or (ii).
(5) The board shall renew, revoke or suspend the
registration of pharmacy technicians under regulations
promulgated by the board. This clause is subject to 2 Pa.C.S.
Chs. 5 Subch. A (relating to practice and procedure of
Commonwealth agencies) and 7 Subch. A (relating to judicial
review of Commonwealth agency action).
(6) Except as provided for in clause (7), or unless ordered
to do so by a court of proper jurisdiction, the board may not
reinstate the registration of an individual whose registration
to practice as a pharmacy technician has been revoked or if the
individual is unfit or unable to practice under section 3(a)(2)
or has been convicted of an offense described under section 3(a)
(6).
(7) If an individual desires to practice after revocation,
the individual must apply for registration after the lapse of a
five-year period and in accordance with this section and
regulations.
(8) A pharmacy technician shall wear a name tag that clearly
identifies the pharmacy technician's first name with the title
"Registered Pharmacy Technician."
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(b) Upon the submission of a board-approved written
application and fee, the board may issue a temporary permit to
practice as a pharmacy technician trainee. The following shall
apply:
(1) A pharmacy technician trainee shall be responsible to
and under the direct and immediate personal supervision of a
board-licensed pharmacist.
(2) A registration for a pharmacy technician trainee may not
be issued if the applicant is unfit or unable to practice under
section 3(a)(2) or has been convicted of an offense described
under section 3(a)(6) in this Commonwealth or another state.
(3) An applicant for pharmacy technician trainee
registration shall meet the following requirements:
(i) Be at least sixteen years of age.
(ii) Submit to a criminal history record check as required
by the board.
(4) The board shall issue only one temporary permit to an
applicant and the temporary permit shall expire one year after
the date of issue and may be renewed for one additional year.
(5) Upon expiration of the temporary permit, the applicant
shall promptly return the permit to the board.
(6) A pharmacy technician trainee shall wear a name tag that
clearly identifies the pharmacy technician trainee's first name
with the title "Pharmacy Technician Trainee."
Section 3. No person is required to register as a pharmacy
technician under section 3.3 of the act until one year after the
State Board of Pharmacy has promulgated final regulations.
Section 4. Within 18 months of the effective date of this
section, the State Board of Pharmacy shall promulgate final
regulations to implement this act.
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Section 5. This act shall take effect in 60 days.
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